Community health services

Transcription

1 How CQC regulates: Community health services Provider handbook March 2015

2 The Care Quality Commission is the independent regulator of health and adult social care in England. Our purpose We make sure health and social care services provide people with safe, effective, compassionate, high-quality care and we encourage care services to improve. Our role We monitor, inspect and regulate services to make sure they meet fundamental standards of quality and safety and we publish what we find, including performance ratings to help people choose care. Our values Excellence being a high-performing organisation Caring treating everyone with dignity and respect Integrity doing the right thing Teamwork learning from each other to be the best we can Updates since September 2014 version of this handbook Updated CQC operating model replaced (p. 7). Integration of guidance regarding independent community healthcare (ICH): o Reference to how we take account of financial stewardship within the ICH sector (p. 20). o Reference to our approach to Intelligent Monitoring for ICH (p. 21). o Reference to the corporate level of ICH providers (p. 22). o Reference to gathering staff views in ICH (p. 31). o Further detail in the ratings levels diagram added (p. 36). o Information about quality summits for ICH (p. 41). o Addition of a paragraph about a face-to-face meeting with ICH that are rated good or outstanding (p. 42). o Revised information about special measures and other enforcement activity to incorporate ICH (p. 45). New information about the requirement to display ratings (p. 41). Updated information about the regulations introduced in April 2015, with particular reference to the two new regulations on duty of candour and fit and proper person requirement for directors (p. 43/44). More detail on timescales for reviewing a rating (p. 46). How CQC regulates Community Health Services Provider handbook 2

3 Contents Introduction Our framework... 7 The five key questions we ask... 8 Core services... 8 Care pathways... 9 Key lines of enquiry Ratings Equality and human rights Monitoring the use of the Mental Capacity Act 2005 including the Deprivation of Liberty Safeguards Concerns, complaints and whistleblowing Registration How we work with others Working with providers Working with people who use services Working with local organisations and community groups Working with partner organisations Intelligent Monitoring Inspection Combined inspections Services provided by third party providers Planning the inspection Other information gathering activity The inspection team Planning the focus of the inspection Making arrangements for the inspection Site visits Site visit timetable Briefing and planning session for inspection team Gathering evidence Gathering the views of people who use services Gathering the views of staff How CQC regulates Community health services provider handbook 3

4 Other inspection methods/information gathering Continual evidence evaluation Feedback on the announced visit Unannounced inspection visits Focused inspection Areas of concern Changes in the service provider The focused inspection process Judgements and ratings Making judgements and ratings Reporting, quality control and action planning Reporting Quality control Action planning with local partners Enforcement and actions Types of action and enforcement Relationship with the fundamental standards regulations Challenging the evidence and ratings Factual accuracy check Warning Notice representations Request for a rating review Complaints about CQC Appendices (please see separate document) Appendix A: Core service definitions and corresponding inspection approaches Appendix B: Key lines of enquiry Appendix C: Characteristics of each rating level Appendix D: Ratings principles How CQC regulates Community health services provider handbook 4

5 Introduction This handbook describes our approach to regulating, inspecting and rating community health services. Our approach builds on our publication, A new start, which proposed radical changes to the way we regulate inspect and monitor care and our consultation last year on our provider handbook for community health services providers. By community health services, we mean the range of universal, enhanced and specialist services for adults and children that are delivered in a community setting, including in people s homes, community-based clinics and community hospitals. The type of care and services that fall within the community healthcare sector include: District nursing, community matron and specialist community nursing services, including planned care, acute care at home, care for people with long-term conditions and multiple or complex needs. Health visiting, school nursing services and community services for children with complex needs, long-term conditions and disabilities. Intermediate care. Community therapy, rehabilitation and reablement services. End of life care delivered at home. Inpatient and day-case services in community hospitals. The overall approach is relevant to all community health providers, although it will be applied in a proportionate way depending on the size and range of services being provided. This document describes our approach for large and complex community health services providers, such as NHS trusts or community interest companies providing a wide range of services to a local population. For smaller providers or those providing non-nhs care, we will ask the same key questions and use the same framework to make our judgements. However, things such as the size of inspection teams, the timelines we apply and the type of information we consider are likely to vary. Our approach includes using a team of expert community health service inspectors and clinical and other experts, including people with experience of receiving care (Experts by Experience). Where we can, we use Intelligent Monitoring to decide when, where and what to inspect, including listening better to people s experiences of care and using the best information across the system. Our inspections are in-depth and we also inspect in the evenings and at weekends when we know people can experience poorer care. Our How CQC regulates Community health services provider handbook 5

6 inspectors use professional judgement, supported by objective measures and evidence, to assess services against our five key questions. Are they safe? Are they effective? Are they caring? Are they responsive to people s needs? Are they well-led? We rate services. These ratings will help people to compare services and will highlight where care is outstanding, good, requires improvement or inadequate. We also undertake other inspection and regulation activities that are not covered in this handbook, such as thematic inspections and joint inspections with Ofsted and HM Inspectorate of Prisons. We coordinate this activity to reduce the burden on providers. Our approach has been developed over time and through consultation. We have worked with the public, people who use services, providers and organisations with an interest in our work to develop our approach. We will continue to learn and adapt how the approach is put into practice, for example, how we include a focus on particular care pathways or conditions in our inspections. However, the overall framework including our five key questions, our core services, key lines of enquiry and ratings characteristics will remain constant. We have refreshed this document to take into account the new fundamental standards regulations that come into force in April How CQC regulates Community health services provider handbook 6

7 1. Our framework Although we inspect and regulate different services in different ways, there are some key principles that guide our operating model across all our work. Our operating model The following diagram shows an overview of our overall operating model. It covers all the steps in the process, including: Registering those that apply to CQC to provide services see section 2 on our registration process. Intelligent use of data, evidence and information to monitor services. Using feedback from people who use services and the public to inform our judgements about services. Inspections carried out by experts. Information for the public on our judgements about care quality, including a rating to help people chose services. The action we take to require improvements and, where necessary, the action we take to make sure those responsible for poor care are held accountable for it. Our enforcement policy sets out how we will do this. Our model is underpinned by the new fundamental standards introduced in April We have issued guidance to help providers understand how they can meet these new regulations (see section 11). Figure 1: CQC s overall operating model How CQC regulates Community health services provider handbook 7

8 The five key questions we ask To get to the heart of people s experiences of care, the focus of our inspections is on the quality and safety of services, based on the things that matter to people. We always ask the following five questions of services. Are they safe? Are they effective? Are they caring? Are they responsive to people s needs? Are they well-led? For all health and social care services, we have defined these five questions as follows: Safe Effective Caring Responsive Well-led By safe, we mean that people are protected from abuse and avoidable harm. By effective, we mean that people s care, treatment and support achieves good outcomes, promotes a good quality of life and is based on the best available evidence. By caring, we mean that staff involve and treat people with compassion, kindness, dignity and respect. By responsive, we mean that services are organised so that they meet people s needs. By well-led, we mean that the leadership, management and governance of the organisation assures the delivery of highquality person-centred care, supports learning and innovation, and promotes an open and fair culture. Core services We have identified a set of core services that we will always inspect, irrespective of risk, if they are provided. This is so we can be sure that we cover an appropriate range of services in our inspections and we can present information in a meaningful way to the public. Also, the size and complexity of some providers means that we will not be able to inspect every service. We will use these core services for all community health services providers. The four community health core services are: Community health services for adults Community health services for children, young people and families Community health inpatient services Community end of life care. How CQC regulates Community health services provider handbook 8

9 We selected these core services as they are seen as carrying the greatest risk and cover the majority of services that people use. We set out our definitions of these core services in appendix A. What we inspect will be different for each core service. We will often sample particular services or teams as we will not be able to visit every service or team. Appendix A also sets out our inspection approach for each core service. Our inspections will normally be limited to these core services. However, we keep all the services provided under continuous surveillance. If we identify particular services, specialist areas or pathways of care where we have concerns, or where we believe the quality of care could be outstanding, and they are not covered by these core services, we may look at one or two of them in detail and report on them. There may be a service or specialist area that represents such a significant part of a provider s activity, because of expenditure, volume of activity or risk, (for example, community dental services at some providers) that it would not be appropriate to either not inspect it, or to inspect it only as part of a larger core service. In those circumstances, we may inspect that service and rate and report on it in the same way as a core service. We will not be able to visit every team or part of a core service. Where we sample services or teams for inspection we will select some at random and for others we will consider various factors about risk, quality and the context of a service. The services we inspect may include, for example: Those where a previous inspection or our intelligence or information gathered by Monitor, the NHS Trust Development Authority (NHS TDA), NHS England, or a local clinical commissioning group has flagged a concern Those about which we have received a complaint, there has been a safeguarding alert or we have received concerns from a member of staff. Those that we have not inspected for a long period or have not previously inspected at all. Services that provide a quality of care that may be outstanding. Care pathways We are committed to including a focus on care pathways and particular patient groups as part of our inspection of community health services. This could include, for example, people with dementia or with a learning disability. We will develop our approach to care pathways through the questions that we ask and the methods that we use, including the tracking of people through care. This means that we will form a judgement about the points in a care pathway and use this to inform our ratings of our identified core services. How CQC regulates Community health services provider handbook 9

10 Key lines of enquiry To direct the focus of their inspection, our inspection teams use a standard set of key lines of enquiry (KLOEs) that directly relate to the five key questions are services safe, effective, caring, responsive and well-led? The KLOEs are set out in appendix B. Having a standard set of KLOEs ensures consistency of what we look at under each of the five questions and that we focus on those areas that matter most. This is vital for reaching a credible, comparable rating. To enable inspection teams to reach a rating, they gather and record evidence to answer each KLOE. Each KLOE is accompanied by a number of questions that inspection teams will consider as part of the assessment. We call these prompts. The prompts are included in appendix B. Our teams will also use guidance that provides detailed areas of focus for each of the core services, in addition to the KLOEs and prompts. This guidance has been developed with internal and external specialists and reflects aspects that are of particular interest to the public and professionals. The guidance highlights key data or audit items, specific prompts for the service, who should be interviewed and what areas should be inspected. New national priorities or policy directions will be reflected in this guidance as they emerge. Inspection teams use evidence from four main sources in order to answer the KLOEs: 1. Information from the ongoing relationship management with the provider and other stakeholders, including the information that the provider gives on how it thinks it is performing, the processes it has in place, and the action it is taking to improve under-performance (as described in section 3). 2. Other nationally available and local information that can inform the inspection judgement. This will typically be included in the data packs described in section Information from activity carried out during the pre-inspection phase (for example, the provider s approach to concerns and complaints raised by people who use services and staff) as set out in section Information from the inspection visit itself. How CQC regulates Community health services provider handbook 10

11 Figure 2: Examples of the four main sources of evidence Ongoing local feedback and concerns What people, carers and staff tell us Complaints Information from stakeholders Local and national data Patient and staff surveys Safety incidents Mortality National clinical audits Safety thermometer Delays in transfers Pre-inspection information gathering People who use services The provider National datasets CQC records Other stakeholders On-site inspection Observations of care What people, carers and staff tell us Care environment and facilities Records and document reviews Ratings Ratings are an important element of our approach to inspection and regulation. As set out in figure 3 below, our ratings are always based on a combination of what we find at inspection, what people tell us, our Intelligent Monitoring data and information we hold about the service or provider (where available) and information from the provider and other organisations. We award them on a four-point scale: outstanding, good, requires improvement, or inadequate. Providers must display their ratings (see section 10). How CQC regulates Community health services provider handbook 11

12 Figure 3: How KLOEs and evidence build towards ratings Gather and record evidence from all sources Make judgements and build ratings Write report and publish alongside ratings Key lines of enquiry Ongoing local feedback and concerns Preinspection information gathering Local and national data On-site inspection Applying consistent principles, build ratings from the recorded evidence Outstanding Good Requires improvement Inadequate We have developed characteristics to describe what outstanding, good requires improvement and inadequate care look like in relation to each of the five key questions. These are set out in appendix C. These characteristics provide a framework, which, applied using professional judgement, guides our inspection teams when they award a rating. They are not used as a checklist or an exhaustive list. The inspection team use their professional judgment, taking into account best practice and recognised guidelines, with consistency assured through the quality control process. Not every characteristic has to be present for the corresponding rating to be given. This is particularly true at the extremes. For example, if the impact on the quality of care or on people s experience is significant, then displaying just one of the characteristics of inadequate could lead to a rating of inadequate. Even those rated as outstanding are likely to have areas where they could improve. In the same way, a service or provider does not need to display every one of the characteristics of good in order to be rated as good. Ratings are discussed in more detail in section 9. Equality and human rights One of CQC s principles is to promote equality, diversity and human rights. This is a means to an end and not an end in itself. The end is good quality care for all. Respecting diversity, promoting equality and ensuring human rights will help to make sure that everyone using health and social care services receives good quality care. How CQC regulates Community health services provider handbook 12

13 To put this into practice, we have developed a human rights approach to regulation. This looks at a set of human rights principles fairness, respect, equality, dignity, autonomy, right to life and rights for staff in relation to the five key questions we ask. All of these principles are enshrined in the NHS Constitution. Using a human rights approach that is based on rights that people hold rather than what services should deliver also helps us to look at care from the perspectives of patients. These human rights principles are important in the delivery of community health services. Everyone wants to be treated with fairness, dignity and respect and be able to exercise choice and control in their lives. Community health services are delivered in a wide range of settings from people s homes to small hospitals which brings a range of different challenges in upholding and advancing these universal rights. Equality and choice constitute two of the four broad aims of the government s End of Life Care Strategy. The strategy highlights the importance for people at the end of their lives of being treated as an individual, with dignity and respect. Therefore, the human rights principles of fairness, respect, equality, dignity and autonomy are already recognised as key to delivering good end of life care. People from some equality groups are more likely to use community health services particularly older people and disabled people but also pregnant women and people with children. Community health services can make a large contribution to equality and human rights for older and disabled people by enabling them to live at home and therefore to exercise more autonomy. There are a number of sources of information about equality and human rights available for NHS community health services such as existing patient data, patient surveys and, importantly, the NHS Equality Delivery System (EDS2). We intend to draw on existing data sources where we can. However, for many human rights topics, the only way we can understand how well community health services are performing is by finding out the experiences and views of people using these services. Our new approach to regulating and inspecting services enables us to gather more evidence from people using services. This focus on human rights is integrated into our new approach to inspection and regulation. We believe this is the best way to ensure that equality and human rights are promoted in our work. Monitoring the use of the Mental Capacity Act 2005 including the Deprivation of Liberty Safeguards The Mental Capacity Act (2005) is a crucial safeguard for the human rights of adults who might (or may be assumed to) lack mental capacity to make decisions, including whether or not to consent to proposed care or treatment interventions. The Mental Capacity Act (MCA) provides the essential How CQC regulates Community health services provider handbook 13

14 framework for balancing autonomy and protection when staff are assessing whether people aged 16 and over have the mental capacity to make specific decisions at the time they need to be made. The MCA clearly applies where a service works with people who may have cognitive difficulties due to dementia, an acquired brain injury or a learning disability. But providers must also recognise that a person may lack mental capacity for a specific decision at the time it needs to be made for a wide range of reasons, which may be temporary, and they must know how they should then proceed. Any decision taken on behalf of a person lacking capacity must be made in their best interests and be the least restrictive option that can be identified to meet a specific need. We have a duty to monitor the Deprivation of Liberty Safeguards in all hospitals and care homes in England, and check on their use when we inspect places where they are used. Hospitals and care homes must tell us about the outcome of any application to deprive someone of their liberty using the Safeguards or by an order of the Court of Protection. Where it is likely that a person lacking mental capacity to consent to the arrangements has been deprived of their liberty to be given essential care or treatment, we will look for evidence that efforts have been made to reduce any restrictions on freedom, so that the person is not deprived of their liberty. Where this is not possible we will check that the deprivation of liberty has been authorised as appropriate, by use of the Deprivation of Liberty Safeguards, the Mental Health Act 1983, or by an order of the Court of Protection. The importance of working within the empowering ethos of the wider MCA is reflected in our inspections. A specific KLOE about consent takes account of the requirements of the Mental Capacity Act and other relevant legislation. During our inspections, we will assess how well providers are using the MCA to promote and protect the rights of people using their services. In particular, we will look at how and when mental capacity is assessed, how mental capacity is maximised and, where people lack mental capacity to make a specific decision, how that decision is made and recorded in compliance with the MCA. We will look for evidence that restraint, if used to deliver necessary care or treatment, is in the best interests of someone lacking mental capacity, is proportionate, and complies with the MCA. Concerns, complaints and whistleblowing Concerns raised by people using services, those close to them, and staff working in services provide vital information that helps us to understand the quality of care. We will gather this information in three main ways: How CQC regulates Community health services provider handbook 14

15 Encouraging people who use services and those close to them and staff to contact us directly through our website and by phone, and providing opportunities to share concerns with inspectors when they visit a service. Asking national and local partners (for example, the Ombudsmen, the local authority, Healthwatch and Health Education England) to share with us concerns, complaints and whistleblowing information that they hold. Requesting information about concerns, complaints and whistleblowing from providers themselves. We will also look at how providers handle concerns, complaints and whistleblowing in every inspection. A service that is safe, responsive and well-led will treat every concern as an opportunity to improve, will encourage its staff to raise concerns without fear of reprisal, and will respond to complaints openly and honestly. The Parliamentary and Health Service Ombudsman, the Local Government Ombudsman and Healthwatch England are working to set out standard expectations for complaints handling which are consistent with our assessment framework and describe the good practice we will look for. We will draw on different sources of evidence to understand how well providers encourage, listen to, respond to and learn from concerns, based on work we have done with the Patients Association. Evidence sources may include complaints and whistleblowing policies, indicators such as a complaints backlog, staff survey results, speaking with people who use services, those close to them and staff and reviewing case notes from investigations. How CQC regulates Community health services provider handbook 15

16 2. Registration Before providers can begin to provide a regulated activity, they must apply to CQC for registration and satisfy us that they are meeting a number of registration requirements. We have issued guidance to help providers understand how they can meet these regulations (see section 11). Registration assesses whether all new providers, whether they are organisations, individuals or partnerships, have the capability, capacity, resources and leadership skills to meet relevant legal requirements, and are therefore likely to demonstrate that they will provide people with safe, effective, caring, responsive and well-led care. The assessment framework ensures that our registration inspectors gather and consider comprehensive information about proposed applicants and the services they intend to provide, including where providers are varying their existing registration, to make judgements about whether applicants are likely to meet the legal requirements of the regulations. Judgements are about, for example, the fitness and suitability of applicants, the skills, qualifications, experience and numbers of key individuals and other staff; the size, layout and design of premises; the quality and likely effectiveness of key policies, systems and procedures; governance and decision-making arrangements; and the extent to which providers and managers understand them and use them in practice. These judgements will not stifle innovation or discourage good providers of care services, but ensure that those most likely to provide poor quality services are discouraged and prevented from doing so. How CQC regulates Community health services provider handbook 16

17 3. How we work with others Good ongoing relationships with stakeholders are vital to our inspection approach. These relationships allow CQC better access to qualitative as well as quantitative information about services, particularly local evidence about people s experience of care. Local relationships also provide opportunities to identify good practice and to work with others to push up standards. Working with providers A CQC Head of Inspection, local inspection manager or inspector will be responsible for developing and maintaining relationships at a local level. They will have primary responsibility for day-to-day communication, information exchange and management of our relationship with providers and partners. For a small number of large providers our corporate provider team will maintain an oversight of the corporate body. Our approach includes continuous monitoring of local data and intelligence and risk assessment. Where risks are identified our inspection staff will check what the provider is doing to address the risk. Service providers also routinely gather and use information from people who use services, carers, other representatives and the public. We make use of this information, including: Local patient surveys or other patient experience information and feedback Information about the number and types of complaints people make about their care and how these are handled. Working with people who use services People s experiences of care are vital to our work; they help to inform when, where and what we inspect. We want people to tell us about their care at any time through our website, helpline and social media, and we are committed to engaging with the public to encourage people who use services, their carers and advocates to share their views and experiences with us. We will gather and analyse information from people who use services, including through: Nationally collated feedback from people who use services and those close to them Patient survey data Information from NHS Choices The NHS Friends and Family Test PLACE reports (patient-led assessment of the care environment) How CQC regulates Community health services provider handbook 17

18 Feedback from groups representing communities, people who use services and public representatives Local Healthwatch Organisations that represent or act on behalf of people who use services, including equality groups. The NHS Complaints Advocacy Services Community groups and groups that represent carers. Comments and feedback sent to CQC from individual people who use services and those close to them Holding or attending face to face groups and events to give people the chance to talk about their experiences in a group. Feedback on services submitted via the CQC online share your experience form or through telephone calls to our national call centre. Engagement activity specifically designed to encourage people to share their experiences of care. Working with local organisations and community groups It is also important to maintain good relationships with local organisations and community groups that represent people who use services and to routinely gather their views. We ask them to share with us the information that they hold. These include: Local health overview and scrutiny committees Quality surveillance groups Health and wellbeing boards Local Healthwatch Local authorities Clinical commissioning groups How CQC regulates Community health services provider handbook 18

19 Figure 4: How we work with local and national partner organisations Clinical commissioning groups NHS England teams Social services commissioners Health and wellbeing boards Strategic partnerships e.g. learning disability partnership boards Children and young people boards Health Education England Oversight bodies and commissioners Healthwatch NHS complaints/mental health/general advocacy services Local councillors (including overview and scrutiny committees) Foundation trust councils of governors GP practice participation groups Voluntary and community groups e.g. for mental health, learning disability, older people, carers, children, disability Patient or equality groups and public representatives RCN local offices RCM regional offices Trade unions GMC regional offices NMC regional offices GDC Royal Colleges National, professional and staff bodies Organisations that manage health and care risks Monitor NHS Trust Development Authority Quality surveillance groups (regional and local) Local authority contract monitoring team Health and Safety Executive Working with partner organisations Many national partner organisations we work with have information about providers and about people s experiences and we want to make the best use of their evidence. It is also important that our inspectors and inspection managers will also have an ongoing relationship with other stakeholders. This includes, for example: Monitor The NHS Trust Development Authority (NHS TDA) NHS England The Parliamentary and Health Service Ombudsman Professional regulators such as the Nursing and Midwifery Council, the Health and Care Professions Council and the General Medical Council The Royal Colleges. We will work with these bodies and gather different types of information on a regular basis and in the lead up to an inspection. How CQC regulates Community health services provider handbook 19

20 For NHS community health trusts we have worked closely with Monitor and the NHS TDA to develop a single overarching framework for judging whether or not a service is well led. At CQC, our KLOEs for this key question reflect this single framework and our prompts focus on the aspects of the framework that we assess. This ensures that our respective approaches for assessing leadership, culture and governance are aligned. We do not undertake a detailed review of financial stewardship or financial viability for NHS trusts. This element of well led is the responsibility of Monitor and the NHS TDA. Our assessment includes a focus on how the management of finances impacts on the quality of service. For example, at core service level we will consider the potential impact of cost improvement plans on safety and quality, and how well this is understood. At trust level we will interview the director of finance, medical director and others. We will also review key documents such as board meeting minutes and the annual audit letter. We work with Monitor and the NHS TDA to share information, co-ordinate evidence gathering and site visits. This enables us to use the findings of their work as evidence to inform our judgement and reduce the burden on trusts. We are continuing to develop our approach to how we take account of financial stewardship or financial viability within the independent community health services sector, while understanding restrictions placed on the sector due to commercial law. How CQC regulates Community health services provider handbook 20

21 4. Intelligent Monitoring For the NHS Intelligent Monitoring combines information from a wide range of data sources, including those shown earlier in figure 2, to give our inspectors a clear picture of the areas of care that may need to be followed up within a provider. Together with local insight and other factors, this information helps us to decide when, where and what to inspect. This means that we can anticipate, identify and respond more quickly to services that are at risk of failing. The Intelligent Monitoring tool is built on a set of indicators that relate to the five key questions we ask of all services are they safe, effective, caring, responsive and well led? The tool analyses a range of information including patient experience, staff experience and analysis of statutory returns to CQC (for example, notifications of serious incidents). For community health services we do not plan to introduce an overall priority band for inspection until the quality and breadth of nationally comparative data in community health services improves. The indicators raise questions about the quality and safety of care, but they are not used on their own to make final judgements. These judgements will always be based on a combination of what we find at inspection, Intelligent Monitoring data and local information from the provider and other organisations. We will continue to improve and refine the indicators that we use in Intelligent Monitoring as we learn which are the most useful to inform our work. Our approach to Intelligent Monitoring will vary according to the quality and availability of information. For independent community health service providers, we are developing our Intelligent Monitoring tool, taking account of the scope and quality of data available for the sector. We do not intend to publish bandings for independent providers, but will keep this under review as the quality of the data improves. We will continue to use intelligence and information we receive from our registration activities, handling of concerns, complaints and whistleblowing, and our work with others, to help us decide when, where and what to inspect. How CQC regulates Community health services provider handbook 21

22 5. Inspection Our inspections are at the heart of our regulatory model and are focused on the things that matter to people. Within our new approach we have two types of inspection: Type of inspection Comprehensive (Sections 6 and 7) Focused (Section 8) Description Review the provider in relation to the five key questions leading to a rating on each on a fourpoint scale. Assess all of the core services, where they exist. An inspection team which reflects the size and complexity of the service being inspected. Typically, one to four days announced site visit plus unannounced visits. At least once every three years. Follow up a previous inspection or respond to a particular issue or concern. Team size and composition depends on the focus of the inspection. Length of site visit and whether it is announced or unannounced is flexible. As frequent as required Independent providers We will adapt our approach to inspecting and rating providers so that it can be used for providers in the independent sector and the NHS. We aim to generate a comparable assessment of the five key questions for each location or core service, whether it is an NHS or an independent provider. However, we know we will need to adapt some elements of our approach in order for it to be effective, proportionate and efficient for example, the size of the inspection team, the amount of intelligence we can rely on and the information requested from the provider before our site visit. Our current inspection approach does not include rating the corporate level of independent providers. We will continue to keep this under review as we recognise the importance of the corporate level and the impact this can have on the quality of care. We are also developing how we take account of, and involve, the corporate level of independent providers in our assessments. How CQC regulates Community health services provider handbook 22

23 Combined inspections CQC has developed a tailored approach to inspection for different types of health and social care services. One of these is the approach for community health services set out in this handbook. Other examples are acute hospital services, mental health services, GP practices and residential social care services. We recognise that many providers have a wide range of services that will be covered by more than one of our inspection approaches. NHS trusts are the most common example of this type of provider; others include large social enterprises that provide a range of services to a local population or an independent health provider that has a range of services at one of its locations. Where such arrangements exist and the range of services are either provided from one location or to a local population, we want to assess how well quality is managed across the range of services and give ratings for the provider or the location that reflect this. Therefore, when we inspect we use our different approaches in combination to reflect the range of services that are provided (we call this a combined inspection). Our overall aims in these circumstances are to: Deliver a comparable assessment of the five questions for each type of service, whether it is inspected on its own or as part of a combined provider. At provider or location level, assess how well quality and risks are managed across the range of services provided. Generate ratings and publish reports in a way that is meaningful to the public and people who use services, the provider and to our partners. Be proportionate and flexible to reflect the way the services are provided and consider any benefits derived from service integration. Use appropriate methods and an inspection team with the relevant expertise to assess the services provided. Wherever possible, align steps throughout the inspection process in order to minimise the burden on providers. We recognise that it is very common for providers of community health services to also provide acute hospital services, mental health services, and urgent care centres. Some providers also have other primary care services such as GP surgeries, or may provide adult social care services such as nursing homes or care homes. These are all circumstances where we would use a combination of our inspection approaches to assess the quality of care. Some community health providers, including trusts, also provide healthcare services in prisons. We inspect the quality of these services jointly with HM Inspectorate of Prisons, therefore they are not included in our comprehensive inspections of community health providers. Our inspection teams will work together to ensure that information about inspections and the quality of prison health services is shared appropriately. How CQC regulates Community health services provider handbook 23

24 As for any provider, if necessary between comprehensive inspections we will undertake focused inspections that only look at some of the services or aspects of a service. The relationship holder for a provider will have oversight of this and consider any implications for our understanding of the provider s performance more broadly. Services provided by third party providers A provider will often have an arrangement in place where a third party organisation provides part or all of a core service, often on the provider s premises. Where this is the case, it is essential that the services provided work effectively with those provided by the third party. The inspection team will not inspect or rate the third party service as part of the provider s inspection. However, they will consider the care pathways between the service and the provider s own services as part of their inspection. Our reports will explain where a third party provider is delivering part or all of a core service and who that third party provider is. When planning the inspection we will consider whether it would be helpful, for the public and people using services, if we inspected the third party services at (or close to) the same time. How CQC regulates Community health services provider handbook 24

25 6. Planning the inspection To make the most of the time that we are on site for an inspection, we must make sure we have the right information to help us focus on what matters most to people. This will influence what we look at, who we will talk to and how we will configure our team. The information we gather during this time is also used as evidence when we make our ratings judgements. As described in sections 3 and 4, we will analyse data from a range of sources including information from people who use services, information from other stakeholders and information sent to us by providers. We collate our analysis into a data pack to be used by the inspection team. Our inspectors use this information along with their knowledge of the service and their professional judgement to plan the inspection. The provider will have an opportunity to review the data pack for accuracy and raise queries on the data. Gathering information from people who use services and stakeholders Before the inspection site visit, we will also gather specific information. This includes: Engagement activity specifically designed to encourage people to share their experiences of care. Contacting and gathering information from stakeholders, as set out in section 3. Engaging with and asking for information from commissioners, and where appropriate, Monitor or the NHS TDA. Gathering information from the provider To prepare for an inspection we analyse information from a range of sources, including the providers themselves. The specific information we request from a provider varies depending on the type of services offered, but will include information about: Management and governance structures Numbers and locations of services and teams Safety and quality governance arrangements Key performance indicators, issues, risks and concerns How the board or equivalent for the independent sector monitors and takes action on issues relating to safety, clinical effectiveness and patient experience. How CQC regulates Community health services provider handbook 25

26 We will ask the provider to tell us about its performance against each of the five key questions, summarising this at overall provider level as well as providing detail for each of its core services. In doing so, providers are expected to highlight areas of good and outstanding practice, as well as telling us about where the quality of services is less good, and in these cases, what action they are taking. This will allow us to assess how providers view themselves in terms of quality against the five key questions and to understand how their quality improvement plans reflect this, ahead of an inspection. The chief executive (or equivalent, such as the nominated individual) should provide assurance to CQC that the information given is accurate and comprehensive in setting out the provider s view of its own performance. Following the initial request, we may ask providers to submit additional information, particularly if the initial submission highlights areas that need to be clarified before the inspection site visit. We expect providers to be open and honest with us, sharing all appropriate information. A lack of openness and transparency will be taken into account when we assess the well-led question. We will advise providers about the timescales for submitting information, and will give them a point of contact so they can liaise with us if they have any questions. We ask providers to only send the information we have requested and to discuss with their point of contact any difficulties in sending the information, or where they believe they have extra information that they think may be useful to the inspection team. Other information gathering activity Throughout the year, and particularly in the weeks leading up to an inspection, we may gather additional information to inform the inspection. This may involve looking at: Concerns from people who use services and staff: Information about complaints and concerns raised by patients and staff will help us understand how well a provider listens, investigates and learns, and to highlight potential areas of concern. Case tracking patients with complex needs or those who are in vulnerable circumstances: Reviewing case notes of selected patients builds a picture of how well providers care for patients with more complex needs, with particular vulnerabilities or from different groups in society. Quality governance: Information on quality governance will enable us to see what systems and processes a trust has in place and understand how effective they are at ensuring trust-wide learning, so that improvements are embedded where necessary. We will also look at how well information is used to assess and monitor the quality of care being delivered and to identify, assess and manage risks by the board and sub-committees. How CQC regulates Community health services provider handbook 26

27 Safety alerts and serious incidents requiring investigation: This enables us to explore how well a provider reports, investigates and learns from serious incidents requiring investigation (including never events) and implements the improvements needed to prevent such incidents happening again. We also test how a provider disseminates and acts on the requirements and supporting information published in selected safety alerts. Information flows: We determine what key information flows there are in a trust and how effective they are to help us understand whether clinicians have access to the right data at the right time to make informed clinical decisions and also to understand whether managers have access to the right data to ensure quality care is provided. The inspection team An inspection team will have up to 30 members, depending on the size and services of the provider, and may include: For large inspections, an Inspection Chair (a senior clinician, or director level community services leader). CQC Head of Inspection/inspection team leader. Specialist Advisors (clinical experts and service managers with community experience may include, district nurses, community matrons, health visitors, physiotherapists, occupational therapists, GPs, geriatricians, paediatricians, dentists). Experts by Experience/patient and public representatives (people with experience of community services or relevant caring experience). CQC managers and inspectors (varying levels of seniority). CQC data analysts (when appropriate). CQC inspection planner (when appropriate). CQC administrative support. The Specialist Advisors we use reflect the services provided and the areas of focus for the inspection, for example, this may include doctors, nurses, therapists, social workers and governance experts. Planning the focus of the inspection Planning the inspection involves: Considering how to best engage with the public, people who use the service and specific communities to get a range of views and experiences about the services Deciding on the areas of focus, which are informed by the data pack and information we have gathered before the site visit How CQC regulates Community health services provider handbook 27

28 Meeting with a senior representative of the provider to identify any specific areas of the quality of care that should be reviewed as part of the inspection Identifying members of the inspection team based on the specific skills, knowledge and experience needed Ensuring that we follow up any outstanding improvement actions such as Requirement Notices and Warning Notices, and any improvement plans for trusts in special measures Making an outline plan for the site visit Setting a provisional date for the quality summit (see section 10). Making arrangements for the inspection The inspection team leader and the inspection planner will be the main CQC points of contacts with the provider. The inspection planner will liaise with the provider on all logistical requirements, for example room bookings, arranging interviews, parking and security passes. We will contact the provider when we need local information to help us to advertise and arrange engagement activities, for example, where best to hold them, and for information on local groups and patient representatives who may be able to support us with this activity. How CQC regulates Community health services provider handbook 28

29 7. Site visits Site visits are a key part of our regulatory framework, giving us an opportunity to talk to people using services, staff and other professionals to find out their experiences. They allow us to observe care being delivered and to review people s records to see how their needs are managed both within and between services. Site visit timetable The site visit will generally include the following stages: Briefing and planning session for inspection team Announced site visits (one to four days) Unannounced visits Closing the inspection visit Additional unannounced site visits (if required). Briefing and planning session for inspection team Before the site visit there is a briefing and planning session for the inspection team. As part of the inspection team briefing and planning session, the provider is asked to give a presentation to the inspection team (typically 30 minutes in length) about: The background to the organisation Its approach to ensuring good quality care What is working well or is outstanding The areas of concern or risk. Gathering evidence The inspection team use the key lines of enquiry (KLOEs) and any concerns identified through the preparation work to structure their site visit and focus on specific areas of concern or potential areas of outstanding practice. They collect evidence against the KLOEs using the methods described below. How CQC regulates Community health services provider handbook 29

30 Gathering the views of people who use services A key principle of the approach to inspecting community health services is to seek out and listen to the experiences of the public, people who use services and those close to them. This includes the views of people who are in vulnerable circumstances or who are less likely to be heard. We gather people s views through a range of activities such as: Speaking individually and in groups with people who use services. Shadowing home visits to people who receive care in their own home where they have given permission for us to do so. Holding focus groups with people who use services and those close to them. Holding drop-in sessions for people who use services. Using comment cards placed in reception areas and other busy areas to gather feedback from people who use services and those close to them. Using posters to advertise the inspection and allow people an opportunity to speak to the inspection team. These will be put in areas where patients and other people will see them. Using the information gathered from our work looking at patient complaints and concerns. Promoting the share your experience form on our website through a variety of channels. We include Experts by Experience on our inspections. Experts by Experience are people who use care services or care for someone who uses health and social care services. Their main role is to talk to people who use services and tell us what they say. This may take place during an inspection or by conducting telephone interviews. Many people find it easier to talk to an Expert by Experience than an inspector. Experts by Experience can also talk to carers and staff, and can observe the care being delivered. Gathering the views of staff The inspection team will interview individual directors and staff at all levels. We will usually interview the following people or their equivalents: NHS Trust Chair NHS Trust Chief Executive/hospital manager Medical director/ chair of the medical advisory committee Director of nursing/matron/clinical services manager Chief operating officer Director of finance Non-executive director responsible for quality/safety How CQC regulates Community health services provider handbook 30

31 Board director with specific responsibilities, for example for safeguarding, end-of-life care or children and young people Service leads for each of the core services Complaints lead Senior lead for human resources Senior information risk owner (SIRO) Trade Union Representatives. Where appropriate the team will hold focus groups with separate groups of staff. These will be peer to peer focus groups, involving the clinical experts on our inspection team. We normally hold focus groups with: District nurses Health visitors Specialist nurses Allied health professionals Medical staff Administrative and support/other staff Foundation trust council of governors. We may also seek the views of staff through an online survey or . When inspecting small independent providers we recognise that our approach to focus groups may not be an appropriate method to gather staff views, given the small number of staff and the possible disruption to patient care. In these cases, we will gather staff views in other ways, such as interviews. Other inspection methods/information gathering Other ways of gathering evidence will include: Observing care Pathway tracking patients through their care Inspecting care environments Reviewing records Reviewing policies and documents. Continual evidence evaluation Throughout the inspection the inspection team leader will continually review the emerging findings with the inspection team. This keeps the team up to date with all issues and enables the focus of the inspection to be shifted if new areas of concern or outstanding practice are identified. It also enables How CQC regulates Community health services provider handbook 31

32 the team to identify what further evidence might be needed in relation to a line of enquiry and which relevant facts might still be needed to corroborate a judgement or, where appropriate, a rating. Continual evaluation is also an opportunity to make connections across different areas of inspection where there may be common themes, such as lack of audits, and which might raise questions about governance structures overall. Feedback on the announced visit At the end of the announced inspection visit, the Inspection Chair, where they are part of an inspection team and the inspection team leader will hold a feedback meeting with the chief executive, the chair and other members of the provider s board or equivalent. This is to give high level feedback only, illustrated with some examples. We will not provide indicative ratings at this stage. The meeting will cover: Thanking the provider s staff for their support and contribution. Explaining our findings to date, but noting that further analysis of the evidence will be needed before final judgements can be reached on all of the issues. Any issues that were escalated during the visit. Any plans for follow-up or additional visits (unless they are unannounced). Reminding the provider that we may carry out unannounced visits. Explaining that further analysis is required before we can award ratings. Explaining how we will make judgements against the regulations. Explaining the next steps, including challenging factual accuracy in the report and final report sign-off, quality summits and publication. Answering any questions from the provider. Unannounced inspection visits Following the announced visit, the inspection team will normally carry out further inspection activities. These unannounced visits may be carried out during the day or out of normal working hours, and will often involve fewer members of the inspection team. They will involve the inspection methods described above and may go back to areas we have already visited. At the start of these visits, the team will meet with the provider s senior operations lead on duty at the time, and at the end will feed back if there are any immediate safety concerns. How CQC regulates Community health services provider handbook 32

33 8. Focused inspection There will be circumstances when we will carry out a focused inspection rather than a comprehensive inspection. We will carry out a focused inspection for one of two reasons: To focus on an area of concern Where certain changes in service provider are to occur Focused inspections do not look at all five key questions; they focus on the areas indicated by the information that triggers the focused inspection. Areas of concern We will undertake a focused inspection when we are following up on areas of concern, including: Concerns that were originally identified during a comprehensive inspection and have resulted in enforcement or improvement action This is normally three months after a comprehensive inspection or soon after a provider has notified us that they have taken the action needed. Concerns that have been raised with us outside an inspection through other sources, such as information from Intelligent Monitoring, MHA monitoring visits, members of the public, staff or stakeholders. Changes in the service provider When there is a planned merger, acquisition or takeover of an NHS trust or NHS hospital, Monitor or the NHS Trust Development Authority (NHS TDA) will need to seek our advice before authorising the transaction. We will typically undertake a focused inspection in order to inform our advice or a comprehensive inspection if necessary. We will coordinate our evidence gathering and site visits with Monitor or the NHS TDA to reduce the burden on trusts. The focused inspection process Although they are smaller in scale, focused inspections broadly follow the same process as a comprehensive inspection. The reason for the inspection determines many aspects, such as the scope of the inspection, when to visit, what evidence needs to be gathered, the size of the team and which specialist advisers to involve. These visits may be announced or unannounced depending on the focus of the inspection. How CQC regulates Community health services provider handbook 33

34 Although smaller in scope, the inspection may result in a change to ratings at the key question or core service level. The same ratings principles apply as for a comprehensive inspection. The revised ratings resulting from a focused inspection will not necessarily lead to a change of the overall provider rating if the focused inspection was carried out more than six months after the comprehensive inspection. As a focused inspection is not an inspection of the whole of a provider or service it will not produce ratings where they do not already exist. When a focused inspection identifies significant concerns, it may trigger a comprehensive inspection. How CQC regulates Community health services provider handbook 34

35 9. Judgements and ratings Making judgements and ratings Inspection teams base their judgements on the available evidence, using their professional judgement. For each individual rating (for example, caring in community end of life services), the judgement is made following a review of the evidence under each key line of enquiry (KLOE), with this evidence coming from the four sources of information: our local feedback and concerns, local and national, pre-inspection information gathering work and from the on-site inspection visit itself. This hard link between KLOEs, the evidence gathered under them, and the rating judgements lies at the heart of our approach to ensuring consistent, authoritative judgements on the quality of care. When making our judgements, we consider the weight of each piece of relevant evidence. In most cases we will need to corroborate our evidence with other sources to support our findings and to enable us to make a robust judgement. When we have conflicting evidence, we consider the weight of each piece of evidence, its source, how robust it is and which is the strongest. We may conclude that we need to seek additional evidence or specialist advice in order to make a judgement. Ratings What do we give a rating to? For each community health services provider we inspect, we rate performance at four levels. The following example shows how the four levels work together: Level 1: Rate every core service for every key question Level 2: An aggregated rating 1 for each core service Level 3: An aggregated rating for each key question Level 4: An aggregated overall rating for the provider as a whole. 1 Aggregated ratings (outstanding, good, requires improvement or inadequate) will be determined using the ratings principles (see appendix D). How CQC regulates Community health services provider handbook 35

36 Figure 5: The levels at which community services are rated Level 1: Every key question for every core service provided Services for children, young people & families Safe Effective Caring Responsive Well-led Good Good Good Requires improvement Good Overall Good Level 2: Aggregated rating for every core service provided Services for adults Good Requires improvement Good Good Good Good Inpatient services Good Good Good Good Good Good End of life care Good Good Good Requires Requires improvement improvement Requires improvement Level 3: Aggregated rating for every key question Overall Good Good Good Requires improvement Good Overall location Good Level 4: Overall rating for the provider Sometimes, we will have inspected but will not be able to award a rating. This could be because: The service is new, or We don t have enough evidence, or The service has recently been reconfigured, such as being taken over by a new provider. In these cases we will use the term inspected but not rated. We may also suspend a rating at any level. For example, we may have identified significant concerns that, after reviewing but before a full assessment, lead us to re-consider our previous rating. In this case we would suspend our rating and then investigate the concerns. How we decide on a rating When awarding ratings of the five key questions at service level, our inspection teams consider the evidence gathered for each of the KLOEs and use the guidance supplied to decide on a rating. In deciding on a rating, the inspection team look to answer the following questions: Does the evidence demonstrate a potential rating of good? If yes does it exceed the standard of good and could it be outstanding? If no does it reflect the characteristics of requires improvement or inadequate? How CQC regulates Community health services provider handbook 36

37 The following flowchart (figure 6) shows how this would work. Figure 6: How we decide on a rating Is it good? (using the KLOEs and characteristics of good) Yes No Can the provider demonstrate that the service is outstanding? (using the characteristics of outstanding) Is the impact on quality significant or are concerns widespread? (looking at the concerns and using the characteristics of requires improvement and inadequate) Yes No No Yes Outstanding Good Requires improvement Inadequate Aggregating ratings When aggregating ratings, our inspection teams follow a set of principles to ensure consistent decisions. Our principles are set out in appendix D. The principles will normally apply but will be balanced by inspection teams using their professional judgement. Our ratings must be proportionate to all of the available evidence and the facts and circumstances. Examples of when we may use professional judgement to depart from the principles include: Where the concerns identified have a very low impact on people who use services. Where we have confidence in the service to address concerns or where action has already been taken. How CQC regulates Community health services provider handbook 37

38 Where a single concern has been identified in a small part of a very large and wide ranging service. Where a core service is very small compared to the other core services within a provider. Figure 7: How we aggregate ratings Where a rating decision is not consistent with the principles, the rationale will be clearly recorded and the decision reviewed by a national quality control and consistency panel. The role of this group is to ensure the quality of every quality report before it is shared with the organisation being inspected. Aggregating ratings for a combined inspection As described in section 5, some community health service providers also provide other services. In these cases we will: 1. For each service type - aggregate the underlying ratings of each service type (for example, acute, community health, mental health) to provide ratings for each of the five key questions. How CQC regulates Community health services provider handbook 38

39 2. Aggregate the service type key questions to derive overall key question ratings at the provider level. We will use the aggregation principles set out in appendix D. The level of complexity of aggregation means that it may be more likely that professional judgement will need to balance the aggregation principles to produce a fair and proportionate result. How CQC regulates Community health services provider handbook 39

40 10. Reporting, quality control and action planning Reporting An inspection report is produced following each inspection. This is drafted in collaboration with members of the inspection team. The report will be clear, accessible and written in plain English. Easy read report summaries are produced to meet the needs of the people using the service where appropriate. Our reports include our ratings judgement. Our reports focus on what our findings about each of the five key questions mean for the people who use the service. We describe the good practice we find, as well as any concerns we have. In our reports we clearly set out any evidence about breaches of the regulations. Quality control Consistency is one of the core principles that underpin all our work. We have put in place an overall approach for CQC to embed consistency in everything we do. The key elements of this are: A strong and agreed core purpose for CQC A clear statement of our role in achieving that purpose Consistent systems and processes to underpin all our work High-quality and consistent training for our staff Strong quality assurance processes Consistent quality control procedures. We have made a commitment to strong internal quality control and assurance mechanisms. As part of this we have a national quality control and consistency panel, chaired by CQC s Chief Inspector of Hospitals or a Deputy Chief Inspector. This panel will review a selection of inspection reports. The panel will include a selection of representatives from key areas including CQC s legal, policy, intelligence and enforcement teams. Following quality checks the draft reports are sent to the provider s nominated individual and chief executive or equivalent, to enable them to comment on the factual accuracy. For NHS tusts we will also share the draft report with Monitor and/or the NHS TDA as appropriate. How CQC regulates Community health services provider handbook 40

41 Publication We publish the inspection reports, ratings and data pack on our website following the conclusion of the inspection process. We will coordinate this with providers and encourage them to publish their action plans on their own website. Displaying ratings From April 2015, providers must clearly display their CQC ratings at each and every premises from which they provide a regulated activity, at their head office and on their website(s) if they have one. This is to make sure the public see them, and they are accessible to all of the people who use their services. Full details on what and how to display are included in the guidance on our website. Providers must display their rating no later than 21 calendar days after it has been published on CQC s website. We encourage providers to raise awareness of their most recent rating when they are communicating with people who use their services by letter, or other means. Action planning with local partners Where appropriate we will use the inspection findings to inform the basis of a discussion at a quality summit. This is a meeting with the provider and partners in the local health and social care system: organisations that are responsible for commissioning or providing scrutiny of health and social care services in the local area. The purpose of the quality summit is to agree a plan of action and recommendations based on the inspection team s findings as set out in the inspection report. We will always hold quality summits for NHS community trusts. For large independent community health services providers we will normally hold quality summits where the overall location level rating is Requires Improvement or Inadequate. Each quality summit considers: The findings of the inspection. Whether planned action by the provider to improve quality is adequate or whether additional steps need to be taken. Whether support should be made available to the provider from other stakeholders such as commissioners to help them improve. How CQC regulates Community health services provider handbook 41

42 The plan of action will be developed by partners in the local health and social care system and the local authority. The quality summit attendees may include: Inspection Chair (if applicable). The Head of Inspection or team leader for this inspection visit. Specialist Advisors from the inspection team. Expert(s) by Experience or patient and public representatives from the inspection team. Provider representatives (e.g. chair, chief executive, medical director, director of nursing or equivalents). Monitor/NHS TDA. Local Healthwatch. NHS England Area Team representative. Local authority representatives (including overview and scrutiny committees and health and wellbeing boards). Representatives from relevant clinical commissioning groups. Health Education England representative. Others as appropriate (for example, a Health and Safety Executive representative). The CQC representative chairs the first part of the quality summit, and presents the inspection team s findings. The second part of the summit is not usually led by CQC and chairing arrangements will vary depending on the findings of the inspection. The provider is given an opportunity to respond to the findings of the report. The focus is then on the provider and partner organisations to identify and agree any action that needs to be taken in response to the findings of our inspection. After the quality summit, the recommendations for action will be captured in a high level action plan. Further work will be needed by the provider and its partners to develop detail beneath the high level plan. This should be completed within one month of the quality summit. Action plans are owned by the provider, and it should use its own action plan template. Once agreed, action plans should be shared with the CQC Head of Inspection/inspection manager to ensure that all key areas highlighted during the inspection have been appropriately addressed. For independent community health services providers where the overall rating is Good or Outstanding, a formal face-to-face meeting is held between CQC and the provider to discuss the findings of the inspection report. How CQC regulates Community health services provider handbook 42

43 11. Enforcement and actions Types of action and enforcement Where we have identified concerns we decide what action is appropriate to take. The action we take is proportionate to the seriousness of the concern and whether there are multiple and persistent breaches. We may recommend areas for improvement, even though a regulation has not been breached, to help a provider move to a higher rating. Where the concern is linked to a breach in regulations, we have a wide range of enforcement powers given to us by the Health and Social Care Act 2008, as amended by the Care Act Our published enforcement policy and decision tree on our website describe our powers in detail and our general approach to using them. We include in our report any concerns, areas for improvement or enforcement action taken, raise them at the quality summit when one is held and expect appropriate action to be taken by the provider and local partners. We follow up any concerns or enforcement action. If the necessary changes and improvements are not made, we can escalate our response, gathering further information through a focused inspection. However, we always consider each case on its own merit and we do not rigidly apply the enforcement rules when another action may be more appropriate. Relationship with the fundamental standards regulations We have published guidance for existing registered providers and managers, and those applying for registration, to understand what they need to do to meet the regulations introduced in April These regulations include fundamental standards, below which the provision of regulated activities and the care people receive must never fall. The aim of the new regulations is to hold providers to account, increase transparency about the quality of health and care services, encourage improvement and help people who use services to make choices about their care. There are also three new regulations: a statutory duty of candour (Regulation 20), a fit and proper person requirement for directors (Regulation 5), and a requirement for providers to display their CQC rating (Regulation 20A). See section 10 for further information on displaying your CQC rating. New regulations: fit and proper person and duty of candour Two new regulations Regulation 5: Fit and proper persons: Directors; and Regulation 20: Duty of candour apply to all providers from April How CQC regulates Community health services provider handbook 43

44 The intention of Regulation 5 is to ensure that people who have director-level responsibility for the quality and safety of care, and for meeting the fundamental standards, are fit and proper to carry out this important role. It applies to all providers that are not individuals or partnerships. Organisations retain full responsibility for appointing directors and board members (or their equivalents). CQC may intervene where we have evidence that a provider has not met the requirement to appoint and have in place fit and proper directors, using the full range of our enforcement powers. The intention of Regulation 20 is to ensure that providers are open and transparent with people who use services and other relevant persons (people acting lawfully on their behalf) in general in relation to care and treatment. It also sets out some specific requirements that providers must follow when things go wrong with care and treatment, including informing people about the incident, providing reasonable support, and providing truthful information and an apology. This statutory duty on organisations supplements the existing professional duty of candour on individuals. These new requirements are incorporated into our inspection assessment framework and registration processes. Where we find that providers are not conforming to these regulations we will report this and take action as appropriate. Further information is included in the guidance on our website. Responding to inadequate care We want to ensure that services found to be providing inadequate care do not continue to do so. Therefore we have introduced special measures. The purpose of special measures is to: Ensure that providers found to be providing inadequate care significantly improve. Provide a framework within which we use our enforcement powers in response to inadequate care and work with, or signpost to, other organisations in the system to ensure improvements are made. Provide a clear timeframe within which providers must improve the quality of care they provide or we will seek to cancel their registration. For NHS trusts CQC will work with other organisations, including other regulators and commissioners, to ensure action is taken on concerns that we identify. Sometimes CQC will identify the need for significant improvements in quality, but not have confidence in the leadership of an NHS trust or foundation trust (FT) to make the necessary improvements without additional support. In those circumstances, we have the option to recommend to the NHS Trust Development Authority (NHS TDA) or Monitor that the trust is placed into special measures. How CQC regulates Community health services provider handbook 44

45 During the special measures period we will discuss progress and keep up to date with the trust/ft and with NHS TDA/Monitor. We will inspect at any time during that 12 months if we have any new concerns. We will normally re-inspect 12 months from the trust being placed in special measures, but NHS TDA/Monitor may recommend an earlier inspection if there is sufficient evidence of good progress. If, following inspection, we feel sufficient progress has been made we will recommend it is taken out of special measures. If sufficient progress has not been made when we re-inspect we will consult with NHS TDA/Monitor as to whether the trust remains in special measures or if further action is needed. Further information can be found in the joint NHS TDA, Monitor and CQC document, A guide to special measures. For independent community health services providers A location/provider rated as inadequate overall will be placed straight into special measures. A location/provider awarded an inadequate rating for any key question or for any core service will be re-inspected within six months. If there remains an inadequate rating after six months, the location/provider will be placed into special measures. Once a location/provider is placed in special measures we will re-inspect within six months to check that sufficient progress has been made. If, following inspection, we feel sufficient progress has been made we will remove the location/provider from special measures. If sufficient progress has not been made when we re-inspect, further action will be taken to prevent the location/provider from operating, either by proposing to cancel their registration or varying the terms of their registration. There will then be a further inspection, normally within six months. If sufficient progress has not been made when we re-inspect and there remains an inadequate rating for any core service, key question or overall, we will proceed to cancel their registration or to vary the terms of their registration. This will result in the registration of the affected location/provider being cancelled. Special measures does not replace CQC s existing enforcement powers: it is likely that we will take enforcement action at the same time as placing a service into special measures. And in some cases we may need to take urgent action to protect people who use the service or to bring about improvement, in accordance with our enforcement policy. We have published detailed guidance about our approach to special measures for independent health services. How CQC regulates Community health services provider handbook 45

46 Challenging the evidence and ratings We want to ensure that providers can raise legitimate concerns about the evidence we have used and the way we apply our ratings process, and have a fair and open way for resolving them. The following routes are open to providers to challenge our judgements. Factual accuracy check When providers receive a copy of the draft report (which will include their ratings) they are invited to provide feedback on its factual accuracy. They can challenge the accuracy and completeness of the evidence on which the ratings are based. Any factual accuracy comments that are upheld may result in a change to one or more rating. Providers have 10 working days to review draft reports for factual accuracy and submit their comments to CQC. Warning Notice representations If we serve a Warning Notice, we give providers the opportunity to make representations about the matters in the Notice. The content of the Notice will be informed by evidence about the breach which is in the inspection report. This evidence will sometimes have also contributed to decisions about ratings. As with the factual accuracy check, representations that are upheld and that also have an impact on ratings may result in relevant ratings being amended. Request for a rating review Providers can ask for a review of ratings following publication of the report. The only grounds for requesting a review is that CQC did not follow the process for making ratings decisions and aggregating them. Providers cannot request reviews on the basis that they disagree with the judgements made by CQC, as such disagreements would have been dealt with through the factual accuracy checks and any representations about a Warning Notice if one was served. Where a provider thinks that we have not followed the published process properly and wants to request a review of one or more of their ratings, they must tell us of their intention to do so within 5 working days of publication of the report. Providers will be sent instructions for submitting their request for review, which must be received within 15 working days of publication of the report. Providers will have a single opportunity to request a review of their inspection ratings. In the request for review form, providers must say which rating(s) they want to be reviewed and all relevant grounds. Where we do not uphold a How CQC regulates Community health services provider handbook 46

47 request for review, providers cannot request a subsequent review of the ratings from the same inspection report. When we receive a request for review we will explain on our website that the ratings in a published report are being reviewed. The request for review process will be led by CQC staff who were not involved in the original inspection, with access to an independent reviewer. We will send the outcome of the review to the provider following the final decision. Where a rating is changed as a result of a review, the report and ratings will be updated on our website as soon as possible. It should be noted that following the conclusion of the review, ratings can go down as well as up. The review process is the final CQC process for challenging a rating. Providers can challenge our decisions elsewhere for example, by complaining to the Parliamentary and Health Services Ombudsman or by applying for judicial review. Complaints about CQC We aim to deal with all complaints about how we carry out our work, including complaints about members of our staff or people working for us, promptly and efficiently. Complaints should be made to the person that the provider has been dealing with, because they will usually be the best person to resolve the matter. If the complainant feels unable to do this, or they have tried and were unsuccessful, they can call, or write to us. Our contact details are on our website. We will write back within three working days to say who will handle the complaint. We ll try to resolve the complaint. The complainant will receive a response from us in writing within 15 working days saying what we have done, or plan to do, to put things right. If the complainant is not happy with how we responded to the complaint, they must contact our Corporate Complaints Team within 20 days and tell us why they were unhappy with our response and what outcome they would like. They can call, or write to our Corporate Complaints Team. The contact details are on our website. The team will review the information about the complaint and the way we have dealt with it. In some cases we may ask another member of CQC staff or someone who is independent of CQC to investigate it further. If there is a more appropriate way to resolve the complaint, we will discuss and agree it with the complainant. How CQC regulates Community health services provider handbook 47

48 We will send the outcome of the review within 20 working days. If we need more time, we will write to explain the reason for the delay. If the complainant is still unhappy with the outcome of the complaint, they can contact the Parliamentary and Health Service Ombudsman. Details of how to do this are on the Parliamentary and Health Service Ombudsman s website. Note: Please also see the separate appendix document to this handbook, which contains important information: Appendix A: Appendix B: Core service definitions and corresponding inspection approaches Key lines of enquiry Appendix C: Characteristics of each rating level Appendix D: Ratings principles Care Quality Commission 2015 First published September 2014 Updated March 2015 This publication may be reproduced in whole or in part in any format or medium for noncommercial purposes, provided that it is reproduced accurately and not used in a derogatory manner or in a misleading context. The source should be acknowledged, by showing the publication title and Care Quality Commission How CQC regulates Community health services provider handbook 48

49 How to contact us Call us on: us at: Look at our website: Write to us at: Care Quality Commission Citygate Gallowgate Newcastle upon Tyne NE1 4PA Follow us on